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Alexz Johnson wins domain name case

Alexz Johnson is known not only for being a Canadian musician and singer-songwriter ,but also for her roles in Final Destination 3 and So Weird .

She submitted a complaint to the National Arbitration Forum,requesting the domain name alexzjohnson.com to be transferred from the respondent to the complainant .
The respondent ,Alexz Johnson c/o Domain Administrator seems to have registered the domain name on October 10, 2002 .
Even though she has not registered the "Alexz Johnson" mark ,as long as she can establish "common law rights through proof of sufficient secondary meaning associated with the mark" means that she has rights over the disputed domain name.
Alexz Johnson contended in the complaint that the respondent registered a domain name confusingly similar to her "Alexz Johnson" mark .
Moreover,she contended that the respondent registered and used the disputed domain name in bad faith .
"On the website resolving from Respondent’s <alexzjohnson.com> domain name, Respondent offers the domain name for sale."
"The Panel infers Respondent receives click-through fees from the links to the unrelated third-parties.  Respondent’s use of an identical disputed domain name may cause confusion to Internet users as to Complainant’s affiliation and sponsorship of the resolving website.  The fact that the hyperlinks were labeled with Complainant’s mark, implying the hyperlinks related to information about Complainant, supports this point.  The Panel finds such use is evidence of bad faith registration and use."

Therefore ,because the respondent failed to submit a response in this proceeding and because the complainant managed to demonstrate all the elements required,the Panel ordered the disputed domain name to be transferred from the respondent to the complainant .

You can find here the decision .

 

 

 
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